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Regulatory Compliance & Legal Framework Flashcards

7 cards from real CPT practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Regulatory Compliance & Legal Framework flashcards as text
  1. Under the Age Discrimination in Employment Act (ADEA), which performance improvement practice is prohibited?

    Answer: Excluding employees aged 40 and older from leadership development programs based solely on age

    The ADEA prohibits discrimination against employees aged 40 and older in any aspect of employment, including access to training and development opportunities.

  2. A performance improvement program collects biometric data (fingerprints) for attendance tracking. Which law regulates this practice in Illinois?

    Answer: Illinois Biometric Information Privacy Act (BIPA)

    Illinois BIPA requires written consent, data retention policies, and destruction schedules for biometric identifiers, and allows a private right of action for violations.

  3. When a performance technologist designs a training evaluation that involves recording employee performance conversations, which legal requirement is most critical in two-party consent states?

    Answer: All parties to the conversation must consent to being recorded

    In two-party (all-party) consent states, all participants in a recorded conversation must give informed consent, or the recording may violate state wiretapping laws.

  4. Which federal regulation requires financial services firms to maintain records of employee training and competency for registered personnel?

    Answer: FINRA Rule 1230 and associated continuing education requirements

    FINRA Rule 1230 mandates continuing education and competency training for registered representatives, with specific recordkeeping requirements that performance systems must support.

  5. A performance improvement consultant working as an independent contractor must ensure that their contract specifies intellectual property ownership because, unlike employees, contractors:

    Answer: Do not automatically transfer IP rights to the client under work-made-for-hire rules unless the contract explicitly states otherwise

    For independent contractors, work-made-for-hire status requires an explicit written agreement, so without a contract clause, the contractor typically retains copyright ownership.

  6. The Family and Medical Leave Act (FMLA) is relevant to performance technologists when they are:

    Answer: Setting performance improvement plan timelines that must account for legally protected absences

    Performance improvement plans (PIPs) must not penalize employees for absences protected under FMLA, requiring technologists to build legally compliant timelines and metrics.

  7. When implementing a 360-degree feedback system, a performance technologist must ensure compliance with which legal principle to avoid defamation claims?

    Answer: Feedback must be job-related, fact-based, and provided in good faith within a qualified privilege context

    Defamation claims in 360-degree feedback are mitigated when feedback is job-relevant, factually grounded, and shared only with those who have a legitimate need to know, applying qualified privilege.